PURPOSE OF THIS POLICY

Colorado State University (“CSU” or “University”) is committed to equal educational and employment opportunities and to the elimination of all forms of Sex Discrimination, including Sex-Based Harassment, and Retaliation. This Policy addresses the types of conduct which are prohibited by CSU in order to maintain its longstanding commitment to a campus environment free from these types of misconduct.

APPLICATION OF THIS POLICY

This policy applies to all University Community Members and others who are subject to the jurisdiction and authority of the University to impose Disciplinary Sanctions with respect to matters of Sex Discrimination, including Sex-Based Harassment, and Retaliation.

 The University has jurisdiction and authority to investigate and impose disciplinary sanctions under this policy for:

• Sex Discrimination that occurs within the United States when the Respondent is a Student, is eligible to return as a Student, or is an employee of the University, and that is alleged to have occurred on or after August 1, 2024. Complaints received at any time by the University concerning conduct that is alleged to have occurred prior to August 1, 2024 are covered under a prior version of this policy that is available from the Title IX Coordinator upon request.
• Sex-Based Harassment, even when some of the conduct occurred outside of the University’s Education Program or Activity or outside of the United States, when 1) the effects of the conduct limit or deny access to the University’s education program, activities, 2) the conduct would constitute a violation of law, or 3) the conduct is otherwise prohibited by this Policy, regardless of the status of the Complainant.

• Reports of alleged Sexual Misconduct by a Student against a person who is not a University Community Member and does not fall within the jurisdiction of Title IX regulations may also be addressed under this policy and as set forth in the Grievance Procedures.

EXEMPTIONS FROM THIS POLICY

None.

DEFINITIONS USED IN THIS POLICY

Advisor: A person selected by a Party or assigned by the University to aid a Party in any proceeding under this Policy, including accompanying the Party to all meetings, interviews, hearings, appeals and other proceedings. An Advisor may not act or speak on behalf of a Party unless provided for in the Procedures.

Complainant means a Student, employee or individual participating or attempting to participate in a CSU education program or activity who is reported to be the subject of alleged conduct that could constitute a violation of this policy.

Complaint: An oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged Sex Discrimination.

Confidential Employee: A University employee whose communications are privileged or confidential under applicable federal or state law, or who has otherwise been designated by the University as a Confidential Employee for the purpose of providing services to persons related to Sex Discrimination. Confidentiality attaches only with respect to information received while the employee is functioning within the scope of their duties to which the privilege or confidentiality applies. Confidential Employees include licensed medical and mental health professionals at the CSU Health Network, legal counsel, and victim advocates. Additional Confidential Employees may be designated by the University and identified in the Grievance Procedures.

Consent: Cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. Consent involves clear, knowing, and voluntary words or actions that give permission for specific sexual activity. Consent cannot be given by a person who lacks capacity because of their age or temporary or permanent physical or mental condition. Consent must exist at all times during sexual activity and can be withdrawn at any time by words or actions. Submission under the influence of fear shall not constitute Consent. The following are essential components of Consent: 

• Informed and reciprocal: All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to mutually engage in same sexual activity, throughout the engagement.
• Freely and actively given: Consent cannot be obtained through the use of force, coercion, threats, intimidation, pressure, or by taking advantage of the incapacitation of another individual due to drugs, alcohol or other causes.
• Mutually understandable: Communication regarding consent consists of mutually understandable words and/or actions that indicate an unambiguous willingness to engage in (and the conditions of) sexual activity. In the absence of clear communication or outward demonstration, there is no consent. Consent may not be inferred from silence, passivity, lack of resistance, or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion as to whether consent was sought or given. A current or previous sexual relationship is not sufficient to constitute consent.
• Revocable: Consent may be withdrawn by any Party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity. Withdrawal of consent can be expressed verbally or can be based on an outward demonstration that conveys that an individual is resistant, uncertain, or is no longer a mutual participant. Once consent is withdrawn, the sexual activity must cease and all parties must obtain mutually expressed or clearly stated consent before continuing any further sexual activity.
• Specific: Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant. 

Decisionmaker: The individual selected by CSU as responsible for rendering a decision on whether the Respondent is responsible for violating this Policy.

Education Program(s) or Activity(ies): Any academic, extracurricular, research, occupational training, athletic, or other education program or activity operated by the University, including activities that occur in a building owned or controlled by a student organization that is officially recognized by the University.

Grievance Procedures: Those procedures adopted and published by the University implementing and effectuating this policy.

Intimate Partner Violence: Collectively refers to Dating Violence, Domestic Violence, or Stalking, defined as follows:

• Dating Violence means an act or threatened act of violence upon a person who has been in a social relationship of a romantic or intimate nature with the victim. Whether there was a romantic or intimate relationship will be gauged by the length of the relationship, the type of relationship, and frequency of interaction between the persons involved in the relationship. Dating Violence does not include acts covered under the definition of Domestic Violence.
• Domestic Violence means committing a felony or misdemeanor crime under the law of the jurisdiction where it occurred, by a person who:
  • Is a current or former spouse or intimate partner of the victim under the domestic violence laws of Colorado, or a person similarly situated to a spouse of the victim.
  • Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner.
  • Shares a child in common with the victim.
  • Commits acts against a youth or adult victim who is protected from those acts under the applicable domestic violence laws of the state in which the CSU campus is located and the acts occurred.
• Stalking means engaging in a course of conduct, on the basis of sex, that is directed at a specific person and would cause a reasonable person to:
  • fear for the person’s safety or the safety of others;
  • or suffer substantial emotional distress;
  • or directly or indirectly through another person, or by electronic means, knowingly making a credible threat to another person and, in connection with the threat, repeatedly following, approaching, contacting, placing under surveillance, or communicating with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship.

Investigator: An individual assigned by the Title IX Coordinator to investigate the matters contained in a report or Complaint that has been brought to the attention of the Title IX Coordinator.

Party or Parties: A Complainant and/or Respondent.

Respondent: A person accused of engaging in conduct prohibited by this policy.

Retaliation: Intimidation, threats, coercion, or discrimination against a person by the University, its Student, employee, or authorized agent, for the purpose of interfering with any right or privilege secured by Title IX or this policy, or because that person reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or other actions taken by the University under this policy or opposed a discriminatory practice.

Sex Discrimination: Treating someone differently based on their sex-based characteristics or perceived characteristics in matters of admissions, employment, or Education Programs or Activities of the University, including discrimination based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity or expression. Sex Discrimination also includes Sex-Based Harassment and Sexual Misconduct as further described in this policy.

Sex-Based Harassment is a form of Sex Discrimination that includes harassment on the basis of a person’s sex including, but not limited to:

• Quid Pro Quo Harassment: An employee, agent, or other person authorized by the University to provide an aid, benefit, or service under an Education Program or Activity of the University, explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct; or
• Hostile Environment Harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from a University Education Program or Activity. 

Sexual Assault: Non-consensual sexual contact, and any offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, which include forcible rape, forcible sodomy, sexual assault with an object, forcible fondling, incest, and statutory rape.

Sexual Exploitation: Conduct involving a Respondent taking, or attempting to take, non-consensual or abusive sexual advantage of a Complainant including, but not limited to:

• Producing, distributing, receiving, or possessing illegal pornography involving the Complainant, regardless of whether the illegal pornography is physical or digital;
• Engaging in sexual voyeurism or knowingly allowing another individual to engage in sexual voyeurism of the Complainant, either in person or through electronic means;
• Producing, creating, distributing, intentionally receiving, or possessing pictures/videos of a sexual nature, or otherwise creating a record or recording of a sexual nature, involving the Complainant without the Complainant’s Consent;
• Benefiting, promoting, or earning money from the prostitution of the Complainant; or
• Intentionally exposing one’s genitals in non-consensual circumstances involving the Complainant or inducing another to do so.

Sexual Misconduct: Collectively refers to Intimate Partner Violence, Sexual Assault, and Sexual Exploitation. Student: A person who has gained admission to the University.

Supportive Measures: Individualized measures offered as appropriate and reasonably available, without unreasonably burdening a Complainant or Respondent or, not for punitive or disciplinary reasons and without fee or charge to the Complainant or Respondent, to: 

• Restore or preserve that Party’s access to the University’s Education Program or Activity, including measures that are designed to protect the safety of the Parties or the University’s educational environment; or
• Provide support during the University’s Grievance Procedures or during the informal resolution process described in the Grievance Procedures.

Title IX: Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681-1688, and related regulations codified in 34 C.F.R. Part 106.

Title IX Coordinator: A non-confidential employee of the University who is responsible for coordinating the University’s compliance with its obligations under Title IX. The Title IX Coordinator may be assisted by one or more Deputy Title IX Coordinators or other officials appointed by the University to assist with Title IX compliance.

University Community Member: Students, faculty, staff, and other employees and volunteers, affiliates, guests of the University, and certain third parties (where provided by law or contract) including, but not limited to, University agents, contractors, consultants, grantees, subcontractors, and their employees, who participate or seek to participate in the University’s Education Programs and Activities.

POLICY STATEMENT

The University prohibits all forms of unlawful Sex Discrimination, including Sex-Based Harassment, and Retaliation. The University will not tolerate such behavior and will respond fully, fairly, promptly, and equitably to all Complaints it receives.

POLICY PROVISIONS

1. All forms of unlawful Sex Discrimination, including Sex-Based Harassment, and Retaliation are prohibited.
2. In the limited circumstances in which Title IX permits different treatment or separation on the basis of sex, the University and those acting on its behalf must not carry out such different treatment or separation in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm, i.e., harm that is so slight or insignificant that it does not merit attention by the University. It is presumed that adopting a policy or engaging in a practice that prevents a person from participating in an Education Program or Activity consistent with the person’s gender identity subjects a person to more than de minimis
3. Obligation to Report Sex Discrimination:
   1. Reports of Sex Discrimination, including Sex-Based Harassment, or Retaliation should be made to the Title IX Coordinator (or designee).
   2. All CSU employees have an obligation to respond in some way to a report of a policy violation of which they become aware, as explained below.
      1. An employee, who is not a Confidential Employee, who has knowledge of conduct that reasonably may constitute a violation of this policy must promptly notify the Title IX Coordinator.
      2. A Confidential Employee of the University is not required to notify the Title IX Coordinator after having knowledge of Sex Discrimination, but must provide information to anyone who informs them of the alleged conduct about their status as confidential for purposes of Title IX, how to contact the Title IX Coordinator, how to make a Complaint, and how the Title IX Coordinator can help.
      3. Notwithstanding the above, a person who has personally been subject to conduct that reasonably may constitute Sex Discrimination is not required to report information about that conduct if they do not wish to.
   3. Amnesty in Reporting—Drug and Alcohol Policy Violations
      The University encourages reports of Sex Discrimination and Retaliation, and participation in any ensuing grievance process. It is the policy of the University to seek to remove barriers to reports and participation by providing amnesty for potential violations of alcohol and drug use policies occurring at or near the time of the incident for student parties and witnesses who report or otherwise participate in the University’s grievance process. In general, the University will not pursue disciplinary action for personal consumption of alcohol or other drugs that would otherwise be a violation of the Student Code of Conduct or university policies on drugs and alcohol against a person who makes a good faith report to the University, or participates as a party or witness in a grievance proceeding, concerning violations of this policy (so long as the drug or alcohol violation did not endanger the health or safety of others). The University may engage in an assessment and/or educational discussion or pursue other non-disciplinary options regarding alcohol or other drug use in such cases.

RESPONSIBILITIES:

1. The Title IX Coordinator must:
   1. Oversee the University’s compliance with Title IX, including this policy, procedures, education and prevention efforts.
   2. Monitor the University’s Education Program and Activity to identify barriers to reporting information that reasonably may constitute Sex Discrimination under Title IX.
   3. Coordinate education and training of all employees, with specific training as to Title IX and its procedures for those involved in the Title IX process, as further described in the Grievance Procedures.
   4. Coordinate education and training to University Community Members on when employees must notify the Title IX Coordinator about conduct that reasonably may constitute Sex Discrimination under Title IX, and how individuals can seek confidential assistance or make a Complaint of Sex Discrimination.
   5. Notify University Community Members of how to contact CSU’s Confidential Employees.
   6. Oversee compliance with this policy and applicable procedures.
2. Upon being notified of conduct that reasonably may constitute Sex Discrimination the Title IX Coordinator shall:
   1. Treat the Complainant and Respondent equitably.
   2. Offer and coordinate Supportive Measures, as appropriate, for the Complainant. If the University has initiated Grievance Procedures or offered an informal resolution process to the Respondent, the Title IX Coordinator must also offer and coordinate Supportive Measures, as appropriate, for the Respondent. (§ 106.44(f)(1)(ii)).
   3. Notify the Complainant, or if the Complainant is unknown, the individual who reported the conduct, of the Title IX Grievance Procedures and the informal resolution process, if available and appropriate.
   4. If a Complaint is made, notify the Respondent of the Title IX Grievance Procedures and the informal resolution process, if available and appropriate.
   5. Regardless of whether a Complaint is initiated, take appropriate, prompt and effective steps to ensure that Sex Discrimination does not continue or recur within the University’s Education program or Activity, in addition to providing remedies to an individual Complainant.
   6. Diligently follow the Title IX Grievance Procedures to their conclusion.
3. How to Make a Report:
   At any time, any person may report an incident of Sex Discrimination, including Sex-Based Harassment, Sexual Misconduct or Retaliation to the Title IX Coordinator in person, by telephone, by email, or by using the online reporting form, as follows:

Title IX Coordinator:

Online: Title IX Reporting Options and Form
In person: Office of Title IX Programs and Gender Equity at 123 Student Services Building Colorado State University Fort Collins, CO 80523 
By postal mail: Office of Title IX Programs and Gender Equity 0161 Campus Delivery Fort Collins, CO 80523-0161  
By telephone: 970-491-1715 
By email: titleix@colostate.edu   

Law Enforcement:

Reports of Sexual Misconduct (Sexual Assault, Sexual Exploitation, and Intimate Partner Violence) and any other potential crime may also be reported to local law enforcement:

In an emergency or to report a crime in progress, call 911. To report a crime that is not in progress or whenever police assistance is needed in a non-emergency, call CSU Police at (970) 491 - 6425, day or night.  

CSU Police Department 

Phone: (970) 491-6425 (non-emergency) 
In-Person: 750 Meridian Street, Campus Police- Green Hall 
Online (Anonymous): https://police.colostate.edu/anonymous-crime-report/   
Online (NON-emergency): https://police.colostate.edu/report-crime/  

Fort Collins Police Services 

Phone: (970) 221-6540 (non-emergency) 
In-Person: 2221 S. Timberline Road, Fort Collins 
Monday through Friday 8 a.m. – 6 p.m. 
Saturday and Sunday 8 a.m. – 2 p.m. 
Online (NON-emergency): https://www.fcgov.com/police/coplogic-start-report.php   

Larimer County Sheriff’s Office 

2501 Midpoint Dr, Fort Collins, CO 80525 
Phone: (970) 416-1985 

Confidential reporting options:

Victim Assistance Team (VAT): Survivor Advocacy and Feminist Education (SAFE) Center  

Confidential Victim Advocates are available to provide crisis intervention and emotional support through the Survivor Advocacy and Feminist Education Center. Advocates in the office are full time staff members dedicated to working with students of all genders who have experienced trauma as a result of interpersonal/gender-based violence. Advocates provide information about academic, legal, medical, emotional, and student conduct resources available to survivors of sexual assault, relationship violence and stalking. Advocates can also offer support to secondary survivors, such as intimate partners, friends, and family.  All information shared with advocates is confidential when acting in the scope of their statutorily protected victim advocacy role unless the person is a danger to themselves, someone is in imminent danger, a child currently under 18 has been abused or if the perpetrator is currently in a position of power over minors (even if the survivor is over the age of 18).   

Locations for drop-in or appointment: 

112 Student Services (corner of Libby Coy Way and University) OR 234 Lory Student Center 

Monday – Friday, 8am-5pm 
Phone: 970-492-4242 (24-Hour Hotline) 
Phone: 970-491-6384 (SAFE Center) 
Email: safecenter@colostate.edu 
Website: https://safecenter.colostate.edu/ 

CSU Health and Medical Center Counseling Services  

Provides counseling and spiritual care services. 
Location for drop-in or appointment: 
151 W. Lake St., 3rd Floor 
(corner of College Ave. and Prospect Rd.) 
Monday – Friday, 8am- 5pm 
Phone: 970-491-6053 
Phone: 970-491-7111 (After-hours) 
Website Information to Make an Appointment   

Women’s Care Services at CSU Health Network  

Provides care services, including, but not limited to, women’s examinations, birth control counseling, and sexual transmitted infection (STI) testing, counseling, and treatment. 

Location for drop-in or appointment: 
151 W. Lake St., 2nd Floor 
(corner of College Ave. and Prospect Rd.) 
Monday – Friday, 8am- 5pm 
Phone: 970-491-1754 
Website 

      4. Pregnancy:

Whether or not a Complaint is made under this policy, when a Student (or a Student’s parent or other legal representative) informs a University employee of the Student’s pregnancy or related conditions, the employee must provide that person with the Title IX Coordinator’s contact information and inform that person that the Title IX Coordinator can coordinate specific actions to prevent Sex Discrimination and ensure the Student’s equal access to the University’s education Programs or Activities. The University shall support and accommodate pregnancy in accordance with established procedures.

5. In addition to the reporting obligations explained in this policy, all individuals who believe they have experienced any incident that is potentially subject to this policy, and all members of the University Community who may be aware of such incidents, are encouraged to promptly report the incident to the Title IX Coordinator.
   
   
6. For every report received, the University will review the circumstances of the reported conduct to determine whether the University has jurisdiction over the Parties involved, and take steps within its control to eliminate, prevent, and address the reported conduct. The University will respond promptly and effectively to all reports received, assess all available information, and, where appropriate, offer the Parties information regarding resources and Supportive Measures.
   
   
7. Grievance Procedures:
   The University will provide a fair and equitable process in all matters alleged under this Policy and will adopt Grievance Procedures to implement this policy. The Grievance Procedures will address the steps in the adjudication process from the receipt of the Complaint through the final decision on any appeal that may be filed. In all Grievance Procedures, this Policy will apply, including the Definitions above.

8. Making a Complaint:
   1. A Complaint regarding an alleged violation of this policy may be made by a Complainant or a parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant.
   2. For Sex Discrimination, including Sex-Based Harassment, a Complaint may also be made by the Title IX Coordinator in the absence or withdrawal of a Complaint by a Complainant, if the Title IX Coordinator determines that the conduct alleged presents an imminent and serious threat to the health or safety of any person, or prevents the University from ensuring equal access on the basis of sex to its Education Program or Activity.
   3. For Sex Discrimination other than Sex-Based Harassment, a Complaint may also be made by any student or employee, or any person who was participating or attempting to participate in an Education Program or Activity at the time of the alleged Sex Discrimination.
   4. All Complaints should be made to the Title IX Coordinator.
      
      
9. After the Title IX Coordinator receives notice of a Complaint or the Title IX Coordinator initiates a Complaint, an appropriate official must take steps to address reasonable concerns about the Complainant's safety or the safety of others, including by providing Emergency Measures and/or Supportive Measures. The appropriate official will then initiate an investigation into the matters alleged in the Complaint under the Grievance Procedures.
   
   Dismissal of the Complaint:
   The Title IX Coordinator may dismiss a Complaint, or any allegations in the Complaint, under certain circumstances as provided in the Grievance Procedures.
   The decision to dismiss a Complaint may be appealed as provided under Appeals, below.
   
   
10. Informal Resolution:
    In lieu of the formal Grievance Procedures, the Parties may elect to participate in an informal resolution process offered by the University in appropriate cases. Informal resolution is not available when it would conflict with any applicable law or when the Title IX Coordinator determines it is inappropriate based on the alleged conduct or the terms proposed by either Party. Steps in the informal resolution process are outlined in the Grievance Procedures.
    
    
11. Emergency Removal:
    

    1. After receiving a report that a violation of this policy may have occurred, the Title IX Coordinator will conduct an individualized safety and risk analysis to determine whether an imminent and serious threat to the health or safety of a Complainant or any Student, employee, or other person is present. If it is determined that such a threat exists, the University may take emergency action to address the threat including, but not limited to, removing the Respondent from all Education Programs and Activities, excluding them from campus, and/or referring the matter to law enforcement for further action.

    2. If a decision is made to remove the Respondent, the University will provide the Respondent with notice and an opportunity to challenge the action immediately following the removal. If the Respondent is an employee of the University, emergency removal may include placing them on administrative leave pursuant to applicable leave policies and procedures.

12. Supportive Measures:

    1. The University will offer and coordinate Supportive Measures as reasonably available and appropriate for the Complainant and/or Respondent to restore or preserve that person’s access to the University’s Education Program or Activity or provide support during any Title IX Grievance Procedures, including an informal resolution process.

    2. Either Party may seek a reversal or modification of a Supportive Measure applicable to them by contacting the Title IX Coordinator within five University business days after the decision to provide, deny, modify or terminate a Supportive Measure.

    3. See the Grievance Procedures for more information about Supportive Measures.

13. Investigations:
    

    1. All investigations will be conducted by the University in a manner that is adequate, reliable and impartial. The burden is on the University, not on the Parties, to conduct an investigation that gathers sufficient evidence to determine whether the alleged policy violation occurred.

    2. Investigations and all Grievance Procedures will be conducted with reasonable promptness. Timeframes may be established in the Grievance Procedures and may vary on a case-by-case basis based on the nature of the alleged conduct, complexity of the investigation and availability of parties, witnesses or evidence. Parties shall be updated periodically regarding case status and, in the event of delays, provided the reason for the delay. Unreasonable or abusive requests for extensions by parties or witnesses will not be granted.

14. Confidentiality: The University will take reasonable steps to avoid disclosure of any personally identifiable information of the Parties or any person involved in a proceeding under this policy. Such information shall only be disclosed when:
    

    1. The person at issue in the information gives prior, written consent to the disclosure;

    2. The information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person;

    3. The disclosure is necessary to carry out this policy and the Grievance Procedures or otherwise address conduct that reasonably may constitute a violation of this policy;

    4. The disclosure is required by law or court order; or

    5. The disclosure is necessary to address any other University policy violation or employment matter.

15. Nothing in this policy is intended to supplant, delay, or interfere with any criminal or civil action in a court of law concerning the conduct alleged in a Complaint; nor shall the filing of any such action necessarily terminate, delay, or interfere with the University’s response under this policy.
    
    
16. It is a violation of this policy to knowingly make false statements or knowingly submit false information during an investigation or Grievance Procedure. A finding of not responsible or no violation of the policy does not in and of itself constitute evidence of anyone having made a false statement.
    
    
17. Retaliation:
    1. Retaliation against a Complainant, Respondent, or any person involved in the investigation will not be tolerated. Those found to have Retaliated against any individual will be disciplined according to the applicable disciplinary procedures based on their status at the University.
    2. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy or participating in the Procedures under this policy.
       
       Depending upon the facts, examples of conduct that may constitute retaliation include, but are not limited to, demotion, denial of raise, termination, threats, harassment, and intimidation.
       
       
18. Hearings:
    Hearings shall be conducted by a Decisionmaker in accordance with the Grievance Procedures. The Decisionmaker must:
    

    1. Review the investigation report, conduct a hearing and make a determination as to Respondent’s responsibility for violating this policy.

    2. Provide the decision, in writing, delivered either directly or through the Title IX Coordinator (or designee) to the Parties. As may be applicable, the decision may also be provided to other university officials if relevant to any additional action that may become necessary or advisable under university policies or procedures following the decision.

    3. Inform the Parties of their rights to appeal the decision.

    4. If the Decisionmaker finds the Respondent has violated the Title IX Policy or any other policy of the University, refer the matter for consideration of sanctions to an appropriate sanctioning authority as determined by the Respondent’s status at the University.

19. Sanctions:

    1. Sanctions will be determined with reference to the Respondent’s status at the University and applicable handbooks, policies or procedures including but not limited to the General Catalog, Student Conduct Code, Faculty Handbook and applicable employment manuals or policies.

    2. The range of possible sanctions may be found in the Grievance Procedures.

20. Appeals:
    1. Either Party may appeal the dismissal of a Complaint of Sex Discrimination, or the final determination as to whether any policy violation occurred. The bases for an appeal of a dismissal or decision are limited to:

       1. A procedural irregularity that would change the outcome;

       2. New evidence that would change the outcome and that was not reasonably available when the determination of whether Sex Discrimination occurred or dismissal was made; and

       3. The Title IX Coordinator, Investigator, or Decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

    2. See the Grievance Procedures for more information on appeals.
       
       
21. Recordkeeping: The University will maintain records of Complaints and procedures under this Policy for a period of seven years.

COMPLIANCE WITH THIS POLICY

Compliance with this policy is required. For assistance with interpretation or application of this policy, contact the Title IX Coordinator.

REFERENCES

• Title IX of the Education Amendments of 1972

• Pregnancy Discrimination Act

• Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1991

• Violence Against Women Act of 1994

• Violence Against Women Reauthorization Act of 2013

• Colorado Anti-Discrimination Act (CADA), C.R.S. Title 24, Art. 34, Parts 3-7. ·

• Grievance Procedures

• CSU Policy: Consensual Relationships

• CSU Policy: Discrimination and Harassment

• CSU Policy: Retaliation and Whistleblower Protection

FORMS AND TOOLS

Online reporting form 

APPROVALS

Policy approved by Joyce E. McConnell, President, on August 14, 2020

Revision approved by Brendan Hanlon, Vice President for University Operations, on August 1, 2024